Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended, on Domestic Petroleum Production, Refining, and Logistics Capacity

This presidential determination invokes Section 303 of the Defense Production Act to designate domestic petroleum production, refining, and logistics capacity as essential to national defense. It waives normal DPA procedural requirements to expedite federal purchases, purchase commitments, and financial support for expanding oil and gas infrastructure, citing constrained financing, permitting bottlenecks, and supply chain limitations.

Federal Register Open PDF 91 FR 21933

Impact dates

Date TBD
Secretary of Energy to implement determination including purchases and financial instruments
Apr 22, 2026
Federal Register filing (observed in document header)

Market exposure

Policy exposure mapping — not investment advice. Illustrative public companies are incomplete and not recommendations.

Sectors

Oil & gas Steel & aluminum Shipping & logistics Chemicals

Mechanisms

Subsidy / incentiveProcurement

Role pressure

ProtectiveDomestic producer — Federal purchases, commitments, and financial support directly expand market for domestic petroleum production and infrastructure investment
MixedDownstream manufacturer — Refiners benefit from capacity expansion support, but may face uncertainty about federal intervention in market pricing
ProtectiveEquipment supplier — Pipeline, storage, and marine terminal construction creates demand for steel, equipment, and engineering services
ProtectiveProject developer — Waived DPA requirements and federal financing address constrained financing and permitting bottlenecks explicitly cited

Geographies

Illustrative public companies

Curated watchlist matches by sector/role — incomplete; not a recommendation.

MMM3MALBAlbemarleAAAlcoaBASFYBASFCENXCentury AluminumLNGCheniere EnergyCVXChevronCLFCleveland-CliffsCOPConocoPhillipsCTVACortevaDOWDowDDDuPontXOMExxon MobilFDXFedExGEVGE VernovaLYBLyondellBasellMATXMatsonNUENucorSHELShellSLBSLBSQMSQMTSLATeslaXUnited States SteelUPSUPS

Confidence: medium · Policy alerts

Key directives

Designate domestic petroleum production, refining, and logistics capacity as industrial resources essential to national defense
Waive requirements of DPA section 303(a)(1)-(a)(6)
Authorize purchases, purchase commitments, and financial support for petroleum infrastructure projects
Direct Secretary of Energy to implement determination and publish in Federal Register

Who is ordered

Secretary of Energy · Department of Energy

Timeline

Immediate

DPA Section 303 invoked for petroleum sector
Waiver of sections 303(a)(1)-(a)(6) takes effect
Secretary of Energy authorized to make purchases and financial commitments

Near term (90d)

Federal Register publication of determination
Initial purchase commitments and financial instruments for petroleum projects
Implementation of expedited project financing

Long term

Expanded domestic petroleum production and refining capacity
New or expanded gathering/transmission pipelines, storage, marine terminals
Potential shift in energy investment patterns toward fossil fuel infrastructure

Risks & tensions

Bypasses normal DPA procedural safeguards (waives sections a(1)-a(6)) which typically include findings on domestic preference, anti-competitive effects, and cost-effectiveness reviews
May conflict with climate transition goals and environmental permitting frameworks
Vague on dollar amounts, specific projects, or geographic scope of financial commitments
Relies on prior emergency declaration (EO 14156) that itself may face legal challenge
Potential tension with free-market energy pricing if federal purchases distort supply signals